Vogel Internet, Information Technology and e-Discovery Blog : Texas Internet, Information Technology, eCommerce & E-Discovery Lawyer & Attorney Peter S. Vogel : Gardere Wynne Sewell Law Firm : Dallas TX

Web 2.0 must be for real, how else can anyone explain Members of Congress find YouTube, Twitter, Blogs, and Facebook the most effective way to communicate in 2009? Today NPR (National Public Radio) interviewed Republican strategist Mindy Finn (a partner and blogger at the political consulting firm Engage who helped Virginia Gov.-elect Bob McDonnell) said that "Members who don't have a lot of say or don't have much of a voice in Congress can use social media to talk directly to their constituents, to voters and to activists." Finn went on to say “"In the past, they might put out a press release and nobody picks it up. But now if they build up a network of blogger support, if they have a presence on Facebook or on Twitter, and they put out that same information, it can go virally across the Internet."

YouTube Offering Text Captioning

Google recently announced that it is making YouTube accessible to deaf and hearing impaired Internet users. Since the captions are English-language speech only the power of Google’s 51 languages will allow for automatic translation to millions of people around the world who do not speak English. This technology is not new and Google currently uses it to transcribe voice mail messages into .wav files with Google Voice. Of course this technology is not perfect but offers a dramatic impact on world-wide communications.

Federal Trade Commission Examining Google Acquisition of AdMob

What will happen if AdMob, one of the top sellers of iPhone banner ad apps and web pages, becomes part of Google’s empire? This acquisition would position Google to be a major player in the mobile advertising ecosystem and expand Google’s market power. It does not take rocket science to see that Members of Congress are taking advantage of YouTube and Web 2.0, so surely they will capitalize on mobile ad which Google can see. Without question President Obama’s use of Web 2.0 vaulted him into the White House, and clearly Members of Congress depend on Web 2.0 to be relevant and communicate with their constituents. Wonder what will happen with Web 3.0 in the future and its impact on politics?

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Months after declaring the importance of CyberSecurity as a national priority President Obama will name Howard Schmidt as Cyber Czar today. “Schmidt served as special adviser for cyberspace security from 2001 to 2003 and shepherded the National Strategy to Secure Cyberspace, a plan that then was largely ignored. He left that job also frustrated, colleagues said.”

Not the Rock Star that the President Was Looking For

Schmidt appears to have the right credentials. Before he joined the Bush administration he work as Chief Security Officer at Microsoft and later VP and Chief Information Security Officer at eBay.  Before the appointment Schmidt was head of the Information Security Forum (ISF) a cybersecurity research consortium. “In addition to his role leading the ISF, He's the chief executive of R&H Security Consulting and serves on the board of several security companies including PGP, Fortify, and BigFix. He's served as vice chair of the President's Critical Infrastructure Protection Board and as chief security strategist for the US CERT Partners Program under the Department of Homeland Security.”

Cyber Czar Not Part of Cabinet

Based on the May 2009 Cyberspace Policy Review Schmidt will report to both the National Security Council and National Economic Council, but will not part of the President’s Cabinet. There were many reports that no one wanted the Cyber Czar job and that’s probably because there are so many federal agencies in the mix including NSA, CIA, Justice, and DOD. It will be interesting to see how well the new Cyber Czar will succeed. Time will tell and everyone will be watching!

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In a 5-4 ruling the Ohio Supreme Court now requires a search warrant to search cell phone content which the American Civil Liberties Union of Ohio calls a landmark decision as this appears to be a case of first impression. The defendant’s cell phone was searched without a warrant after he was arrested on drug charges based on a police sting operation. At trial the defendant claimed a violation of the 4th Amendment that although the police had the right to take his cell, the police did not have the right to search the contents of the cell. A decision to appeal to the US Supreme Court is pending.

US Supreme Court Agrees to Consider Text Messages

This week the Supreme Court agreed to consider the privacy claims of police officers text messages in City of Ontario v. Quon. The question before the Supreme Court is whether the city employees are entitled to privacy of the text messages stored at Arch Wireless’ servers since the city provided the text services to the officers as part of their jobs. Each officer received 25,000 characters a month as an allowance and the officers paid for any overages. The city paid no attention to the text messages until it discovered that officer Jeff Quon (who paid for characters above the allowance) had sent sexually explicit messages that were clearly personal and not business related. The question in this case is also a claim of violation of the 4th Amendment.

Web 2.0 Communications

Given what people post on social networking sites like Facebook, MySpace, and LinkedIn it is a wonder that many folks expect much privacy today. Courts will continue to be confronted with perplexing issues regarding the use of the Internet and this will never be less complex, but as I  blogged this week Judges in Florida should not be social network friends with lawyers who appear before them in cases even though lawyers may contribute to their election campaigns. As web 2.0 expands one easily images that the courts will have to reconsider how the 1789 written Constitution applies.

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No surprise that a judicial ethics opinion would restrict Judges from becoming Facebook friends with lawyers who appear before them as it might give the impression of bias, but actually the opinion is broader and extends to any social networking site.

The impact of this Florida Ethics Advisory is difficult to predict, because the Florida Ethics Opinion stated “This opinion should not be interpreted to mean that the inquiring judge is prohibited from identifying any person as a "friend" on a social networking site. Instead, it is limited to the facts presented by the inquiring judge, related to lawyers who may appear before the judge.”

Where Is Social Networking Headed for the Judiciary?

Judges are elected to office in many states and in Texas (my home state) Judges run in partisan elections, however in the larger metropolitan communities few citizens know the Judicial candidates, only the lawyers. So lawyers are the normally the only ones to support political campaign and we even publicly endorse Judicial candidates. Contributing money in support of Judicial candidate sounds more biased that merely being a friend on Facebook.

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In 3 months Facebook grew another 16.7% to 350 friends worldwide which has led Facebook to create a simpler privacy policy to allow users to control who sees “each individual piece of content you create or upload.” All the more amazing since Facebook grew 200% between August 2008 and August 2009. Facebook founder Mark Zuckerberg’s recent blog that stating among other things that 50% of Facebook friends are member of regional networks, and today there are networks for the entire countries of India and China. The new plan is to remove these regional networks and hopefully create a simpler network and improve its privacy policy.

Facebook Statistics Are Amazing

The current Facebook statistics are pretty incredible and particularly that 35 million (10%) of the Facebook friends update their status every day:

• 50% of our active users log on to Facebook in any given day
• More than 35 million users update their status each day
• More than 55 million status updates posted each day
• More than 2.5 billion photos uploaded to the site each month
• More than 3.5 billion pieces of content (web links, news stories, blog posts, notes, photo albums, etc.) shared each week
• More than 3.5 million events created each month
• More than 1.6 million active Pages on Facebook
• More than 700,000 local businesses have active Pages on Facebook
• Pages have created more than 5.3 billion fans

So is it any wonder that Facebook needs to be vigilant in managing personal information of its friends and users. Time will tell how Facebook’s privacy policy works out.

Google Searches for 2009 - Facebook is Number 2!

As 2009 ends Computerworld announced the top search engine hits for the year and of course Michael Jackson was number one, but Google’s number two search of the year was Facebook! Also on Google’s top 10 list of searches was “Twitter, Windows 7 and Tuenti, which is a Madrid-based, invitation only social networking site that some call the Spanish Facebook.” AOL and Yahoo! also listed Michael Jackson as the top searched name, but from the lists varied widely- “AOL and Yahoo! lists popular search terms like '70s icon Farrah Fawcett, who also died this year, socialite Kim Kardashian, singer Rihanna and actress Megan Fox.” Interesting message about the search engine wars that Google, AOL, and Yahoo! would be so different.

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